Faulty brake pads can cause a catastrophic car crash if they fail suddenly when the brakes are applied. Brake pads that gradually start to wear should be replaced by a qualified mechanic in a garage.
If the brake pads then fail suddenly they are either defective spare parts or have not been installed properly. If you believe this is the case, the full cost of the damage done to your car as well as compensation for any injuries should be claimed against the car yard or garage that fitted them.
A personal injury claim of this nature may be difficult to make because it may be hard to ink the faulty pads with the car accident, especially of the damage done is severe and the car is a write off. You may need the assistance of an experienced personal injury attorney if you are considering making a claim.
The Cost of an Accident When Brake Pads Fail
The full cost of a car crash that has been caused by a failure of the brakes can be very high. Replacing the brake pads just by themselves would be a minor cost, even if it was justified considering the damage to the rest of the car.
If you have a choice when having brake pads replaced, it is best not to opt for the cheapest option if one is available because cheap brake pads may not be altogether safe. The average cost per axle of replacing just the brake pads could be anywhere between $150 to $300, but many mechanics advise replacing the rotors as well as the brake pads because they tend to wear at the same time.
If you have no damage done because you managed to stop the car without crashing into anything else, then you would want the garage that fitted your pads to redo the job, but if any damage was done, then you should consider suing them for the total cost of repairing the vehicle as well as compensation for any injuries caused.
Evidence is Needed to Prove Fault in any Accident Involving a Car’s Brakes
You can’t expect an insurer to make a payment if a claim is not backed up by evidence that their client was at fault. In the case of poor brake pad installation, or defective parts, you would need evidence that the pads had not been fitted correctly or that they had failed to do their job suddenly because they were defective.
The brake pads from the damaged car will need to be inspected by an expert to confirm that this was the reason for the crash. Every damaged part of the car should be costed individually and any medical treatment undertaken should be claimed for with invoices.
Lost earnings and a pain and suffering can be factored into your damages. Compensation for the cost of using a taxi or renting a car while your own car was repaired, should all be accounted for when the final claim is filed with the insurer.
Reasons to Work With a Lawyer
Insurers are never keen to make insurance payments when they have received a claim. They will try and avoid paying out if they can, and may challenge your side of the story concerning their client’s negligence.
It would be advisable to use a personal injury attorney if there is major damage done to the car, or if there are serious injuries that have resulted from the crash. To consult with an attorney, fill out the Free Case Evaluation today!